Question:
Device by which law deliberately departs from the truth of things whether there is any sufficient reason for the same or not.
Device by which law deliberately departs from the truth of things whether there is any sufficient reason for the same or not.
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Think of "Legal Fiction" as a useful lie that the law tells for the sake of utility and justice.
Updated On: Jul 7, 2026
- Custom
- Statute
- Legal Fiction
- Legal Presumption
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The Correct Option is C
Solution and Explanation
Step 1: Understanding the Question:
The question asks for the term that describes a legal device where the law deliberately departs from factual truth.
Step 2: Key Concepts and Approach:
We need to evaluate different legal devices and identify which one fits the definition of a deliberate, conscious assumption of a false fact as true.
Step 3: Detailed Explanation:
• Legal Fiction Defined: A legal fiction is an assumption that something is true when it is known to be false. It is used to extend legal rules to new situations without formally changing the law.
• Examples of Legal Fictions: Common examples include corporate personality (treating a company as a natural person) and adoption (treating an adopted child as a biological child).
• Purpose: Jurist Lon Fuller noted that legal fictions are useful tools that allow the law to adapt to new social realities while maintaining a semblance of stability.
• Contrast with Presumptions: A legal presumption (Option D) is an inference drawn from evidence that is assumed to be true until disproved. It is not a deliberate departure from the known truth.
Step 4: Final Answer:
The device described is a legal fiction. Therefore, Option C is the correct answer.
The question asks for the term that describes a legal device where the law deliberately departs from factual truth.
Step 2: Key Concepts and Approach:
We need to evaluate different legal devices and identify which one fits the definition of a deliberate, conscious assumption of a false fact as true.
Step 3: Detailed Explanation:
• Legal Fiction Defined: A legal fiction is an assumption that something is true when it is known to be false. It is used to extend legal rules to new situations without formally changing the law.
• Examples of Legal Fictions: Common examples include corporate personality (treating a company as a natural person) and adoption (treating an adopted child as a biological child).
• Purpose: Jurist Lon Fuller noted that legal fictions are useful tools that allow the law to adapt to new social realities while maintaining a semblance of stability.
• Contrast with Presumptions: A legal presumption (Option D) is an inference drawn from evidence that is assumed to be true until disproved. It is not a deliberate departure from the known truth.
Step 4: Final Answer:
The device described is a legal fiction. Therefore, Option C is the correct answer.
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